Document aJzQm76ZKxEvmmvn7nOLpqy4B

BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M ESSAGE FROM XEROX 7024: (702) 385-1655 DATE: 2,0,-93 TO: Richard L Hinckley, Esq. FAX #: (702) 367-5629 PHONE #: (702) 367-5632 FROM: i CLIENT/MATTER: yZV/yy, // .___ Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: ( J St, NUMBER O F PAGES (Including cover page): MESSAGE: tv THIS TELECO PY IS INTENDED O N LY FO R THE ADDRESSEE NAMED ABOVE. IT M AY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IFYO U HAVE RECEIVED THE TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY A LL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YO U FOR YOUR ASSISTANCE. IF YOUJ EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 B K H U L L T * Ht.KKC.LL ILL! r U Z O C O l O O O TRANSMIT CONFIR MATION REPORT NO. RECEI VER TRANS MITTE R DATE DURAT ION MODE PAGES RESLl LT : 009 : Executive Offices : BRADLEY * MERRELL : FEB -2-2-93 14 =07 : 11'01 : STD : 24 : OK r l d / . n-o IH 'U I WITNESS TRACKING PROJECT Goal: To identify and track fact and expert witnesses, summarize depositions, identify exhibits to be used at trial in connection with each witness, incorporate this information into the trial notebook system, and allocate responsibilities for this procedure. Procedure and Responsibilities I. Tracking Deposition Transcripts A. Holly has already begun a log of upcoming depositions and the status of the deposition transcripts. She has agreed to take on responsibility to ensure that the transcripts are arriving in our office as expected. B. Lynda has responsibility for ensuring that the transcripts are copied and distributed. II. Deposition Summaries A. Lynda is lining up additional persons to summarize depositions. We hope to hire 10 extra temporary people beginning February 19, 1992. B. Each deposition summary will have a cover sheet to be filled out by the person summarizing the deposition. This information will be useful in the tracking of witnesses. C. Dean is already working on summarizing depositions. D. Liz would like to work on deposition summaries and/or other paralegal type work. E. Deborah will conduct a mini-seminar for the new people summarizing depositions, hopefully on Friday February 19, 1992. Paul and Ralph need to clarify their expectations regarding the summaries before then. F. Persons checking out depositions for summarizing should fill out an out-card and place it in the deponents' files. In addition, there is a log at the frong of the deposition files to keep a running list of who has which depositions and to make sure they are all returned. 1. Liz to keep track of out-going depositions and keep track of who has which depositions. a. Start with the less important fact witness depositions, such as those people named by defendants. The more lengthy and expert depositions should be done later by people we know do excellent work. 2. Holly and Liz to keep track of returning deposition summaries. Proofread and check for quality, especially on first depositions. They should show a sample of each person's first depositions to Debbie. 3. Summaries then sent up to word processing for 1 transcription. - G F i n a l version of summaries will be kept in Holly's directory under the HCD\Deps\ subdirectory The files are to be named according to the deponents' name, ie Fabbie.Dep H. Aftjer th'e summaries are transcribed, then Paul and Ralph will rea'd through them and determine which will actually be jused jas fact witnesses. I. The testimony of Fact witnesses will then be distilled by Ralph or Paul for use in interrogatory responses (fact witnessejs) , 26(b)(4) responses (experts), and witness tracking system (below). III. Witness List A. Fact Witnesses: 1. All Nevada Power employees deposed a. Gilbert Addis b. Hamilton Avery c. David Barneby d. James Bates e. Priscilla Bates (EPRI) f . Randolph Calle g. Joseph Cheung h. Stephen Claeys i. Michael Coleman j- Daniel Crotta (former employee) k. Jon Davis l. Nancy Donner m. Donald Fabbi n. Martin Fisher o. David Fjare P- Fe Gascon q- Charles Grant r . John Hayes s. Wallace Henson t. Van Nelson Jenson u. Edward Henry Kopf V . Lawrence Kulick w. Frank Loudon (former employee) X . Gene Matteucci (former counsel) y- John McCarthy (V.P.) z . Walter Merkel aa. James Payne ab. Luis Pineiro ac. Mark Reddaway ad. Floyd Reed ae. William Revell af. Conrad Ryan (former employee) ag. Dennis Schwehr ah. Scott Sumpter 2 ai. Richard Swenson aj. William Theisen ak. Jerry Webb al- Gene Wheeler am. Theodore Whisler an. Richard Williams ao. Fariborz Yadegar 2 . Robert Dyer 3 . Richard Mahoney 4. Gen'e Miller (Westinghouse Marketing manager) 5. Ed Bates 6. Phitllip Smith 7. T. 0. Munson B. Expert witnesses 1. Dr. Rick Ellis 2. Dr. Samuel Epstein 3. Donald Fabbi (says he does not want to testify) 4. Dr. Richard Peterson 5. Dr. Arnold Schecter 6 . Dr. Wayland Swain (says he can't testify because of conflict with GE contract) 7. Dr. Daniel Teitelbaum 8. Dr. Dennis Schwehr 9. Revelle Taylor 10. Dr.| Steven Anderson 11. Gilbert Manning Warren III C. Liz has been making the initial contact with the experts and identifying their willingness to testify and their documentary needs. D. We need |to set up times to meet with each expert and discuss their testimony and prepare them for depositions andj ultimately trial. E. Witnesses who are unwilling to testify or who clearly will not be used in trial will be eliminated from this list. F. The| remaining witnesses will be incorporated into the witness [tracking system. The N .P . attorneys can then review the information on each witness and decide who can be 'eliminated from the list. IV. Witness Tracking A. Deb'orah |is developing a computer organization system using Wordperfect 5.1 merge/sort functions. 1. Primary file lists the relevant fields (see . attached) 2 Secondary file is for data input for each witness 3. Primary and secondary files are merged. 4. The fields so far are: a. Name b. Witness Type (expert or lay) c. Employer d. Position/expertise 3 e. Address f . Phone g. Summary of expected testimony h. Depositions taken to date i. Trial Exhibits to use with witness j . Trial Notebook Section (yes or no) k . Contacts made with witness * is there a problem with recording info. from phone conversations and letters? should be protected as attorney work product I believe. l. Willing to testify (yes or no and date) m. Follow up required (list what info, is still needed and who is working on it). 5. The advantage of this system is that the records can be sorted by any field. The resulting merged file can be incorporated into Isyjs. A standard name such as witness.mrg will be used. Deborah will keep the old versions diskette in |case there are problems with the most recent merjge or sort. B. Once the skeleton is set up, Liz will input the data. Defending on her time available, an alternative is to hirje someone part-time who really knows merge/sort and can input the information. We will need to make a computer| available. 1. Since there is an immediate need to develop the fact witness list, and Liz is not fluent in WordPerfect yet, it might in fact be a good idea to hirp someone who can get us rolling on the data input. C. As more [information comes in for the computer file, it will be directed to Liz or the part time person to add to the! file|. D. stilll to! be decided is a method of periodically making surp that all of the information is compiled in for each witness.| The follow-up field would be a method of identifying when each witness must be called, etc... 1. HoltLy is a likely candidate since she is already tra'cking deposition schedules and is familiar with the| names. In addition she has expressed interest in learning the merge/sort functions and could take over from Debbie once the system is up and runnning. V. Calendar A. A draft Witness Development Calendar is attached which lisjts each item that needs to be done in chronological order with a due date if known and the person (s) responsible. B. A copy will be provided to Lynda to fill out calendar slips to |incorporate into the overall calendaring system. As changes are made, Lynda will be notified. 4 C. Still to be developed is a timeline for contacting each witness who is not going to be deposed in the near future. V I . Trial Notebook A. Deborah[will supervise document incorporation for trial notebook. ;] B. Items to be included in Trial Notebook include: 1. One page witness summary as described in III above 2 . Deposition Summaries 3. Curricula Vita for Experts 4. Results of Isys Searches 5. List of Trial exhibits to be used with each witness. a. ] Paul and Ralph will dictate memo to 6. Additional Documents gathered during Depositions 7. Any[ other relevant info. C. When attorneys gather documents from depositions they will be |added to the trial notebook. Procedure: 1. Depos ing Attorney dictate a short memo (1 paragraph) describing what party introduced the document and its significance. Attorney give documents to Holly. She will make surje they get bates numbered and plaintiff-exhibit stamped and put into trial notebook and plaintiff extiibit list Audra will make the copies and trial notebook tabs as |needed and add material to trial notebook as directed by Holly or Deborah. VII. Future Employee Needs A. Part time secretary who is very knowledgeable of word perfect to help out Holly, Lynda, and Liz and attorneys. In soccer terms, we need a "sweeper." 5 I WITNESS DEVELOPMENT CALANDR Activity Develop Witness List Create Trial NB Tabs for Each Witness Depositions Summarized Distill depos Track Depositions Taken, signed, etc Track Progress on Depo Summaries Due Date February 24, February 24 February 26 March 1 ongoing ongoing Person Responsible RAB, PEM, DNM DNM, AC DNM, LSG DNM, PEM, RAB HD HD Input Info, on W witnesses into! computer tracking system ongoing Submit Fact Witness List to Defendants March 5 Compile Exhibits for Each Witness Compile Expert Witness List ongoing > Provide Expert List to Defendants April 12 Defendants depose Plaintiff Experts April 19-May 4 Plaintiff Depose Defense Experts May 17 - June 4 Contact Witnesses and get summary of testimony ? Submit Expert jist to Defendants 7 HD, EVG RAB, PEM, DNM DNM, RAB, PEM PEM, RAB, DNM PEM, DNM, HD RAB, PEM EVG, DNM PEM, RAB, DNM Fill in TNB with Info, for each witness I ongoing DNM DEPOSITION SUMMARY CHECKLIST (Fill in to extent information available in transcript) Deposition dat'e: Deponent name (last , first, M.I.): Deponent address: Deponent telephone: Deponent represented at deposition by (firm name) Address Phone Deponent presently employed by: Plaintiff Nevada Power Defendant: MON Deponent Formerly employed by: Plaintiff Nevada Power Notes : Defendant: MON Yes No WEC GE Yes No WEC GE Office use only Exhibits used other than Trial Exhibits: Yes ___No Deposition summarized by: Date: Deposition summary typed by: Date: Deposition proofread by: Date: Deposition proofread by: Date: Summary okayed by: Date: Final deposition summary stored at (full computer pathname): Non-trial exhibits routed for Trial Exhibit assignment: Y By Date dm n\nvpaw er\depochec.!st N